9/23/2016 Mortgage Bankers Association

Fraud Trends and the GSE’s

September 29, 2016

Moderator: Matt Jones, Regulatory Assistant, Mortgage Bankers Association Speakers: Robert N. Hagberg, Director – Enterprise Fraud Risk, Jennifer Horne, Vice President, Anti-Fraud and Anti-Money Laundering, Thomas C. Neighbors, Assistant Special Agent in Charge, HUD-OIG Joint Civil Fraud Division

Fraud Trends and the GSE’s September 29, 2016

Jen Horne Vice President - Anti-Fraud, AML Fannie Mae

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Fannie Mae Tip Volume

3000

2500

2000

1500

1000

500

0

Top 10 Tip Sources: Jan 2015 – Dec 2015

600

500

400

300

200

100

0 LQC FHFA LEGAL CPM- REO CONSUMER OTHER PARTIES OTHER LENDER PARTNER RESOURCE CENTER RESOURCE LAW ENFORCEMENT LAW AGENT

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Total Tip Breakdown: 2007 - 2015 (+ 2016 Projected)

3500

3000

2500

2000

1500

1000

500

0

ORIGINATIONS SERVICING REO

Mortgage Fraud Tip Distribution

2014 2015

20% 29% 33% 29%

51% 38%

Origination REO Servicing Origination REO Servicing

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Mortgage Fraud Tips Escalated to Open Cases

2014 2015

23% 26% 33% 44%

44% 30%

Origination REO Servicing Origination REO Servicing

Origination Tip Volume

180

160

140

120

100

80 Lender Tips Origination Tips 60

40

20

0

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Combined: Top 10 Fraud Characteristics: Jan 2015 -Dec 2015

Foreclosure Rescue

REO Flips

Forgery

Identity Misrepresentation

Origination Title

Property Flips

Non arms-length Servicing Title Transfer/ Fraud Appraisal Fraud

Straw Buyer

Thank-you!

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Freddie Mac Fraud Update September 29, 2016

Presented by Your Logo here Robb Hagberg Director – Enterprise Fraud Risk Freddie Mac

Agenda

• Environmental Factors • Trends • Resources

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Factors Affecting Fraud State

Expansion of Credit • Credit Policy Changes • Risk Tolerances

Counterparties • First-time Homebuyers • Players in the industry

Environment • Purchase Market vs. Refinance Market • Value Recovery

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Investment Income Misrepresentation Purchase as Refinance Appraisal Independence/Competency Mass Loan Level Misrep/Affinity-Based Schemes

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Investment Income Misrepresentation

How it works: • Borrower qualifies for investment purchase using projected cashflow reflected on form 998 • Borrower does not qualify without the rental income • Borrower makes significant down payment from substantial bank account (at least 6 figures) • Borrower moves into property at in lieu of • Note : Also been noted in industry as “reverse

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Investment Income Scheme – Document Review

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Investment Income Scheme - Investigation

At least 99 investment purchases originated by broker Borrowers have been shown to be using property as primary residence in at least 1/3 of cases Borrower interviews indicate: • Borrowers intended to purchase primary residence • Borrowers were not intending to rent property/entire property • Without rental income, borrower ratios move into unacceptable range (>100%) • Source of funds is a mix of gift funds and loans from overseas (AML risk?) These cases have been noted across the country

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Investment Income Scheme – Red Flags

Red Flags Borrowers are living with family/friends rent-free purchasing rental property Borrower has no previous experience Bank statement balances are not commensurate to borrower incomes Bank statements show no deposit/withdrawal activity

Although these loans may meet the technical aspects of our Guide, facts in documents in aggregate may not make sense.

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Investment Property Scheme

How it works: • Borrowers acquire property with hard money loan • Borrowers quickly close refinance of hard money loan • Refinance is based on appraised value vs. acquisition price • Although these loans are originated as a refinance, investigation shows these loans are actually a purchase transaction

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Investment Property Scheme - Appraisal

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Investment Property Scheme - Appraisal

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Investment Property Scheme - Investigation

Properties were offered to borrowers as no money down purchases Borrowers were promised a discount when purchased in bulk Borrowers were promised services Timing and staging would indicate these to be purchase as refinance Review of the appraisal shows value unsupported based on a lack of exposure to the open market, lack of rationale offered for value increases and apparent failure by lender to ensure appraisal independence More than 100 investment mortgages originated by this loan officer

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Investment Property Schemes – Red Flags

Red Flags: • Borrowers may be out of state • Borrowers may be renters/first time home buyers • Refinance of investment property • Refinances appear to repay hard money loans • are flip/rehabs where increases in value between transactions may not be supported • No history of subject property being listed on the MLS • Borrowers may be purchasing/financing in bulk

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Property Valuation

Obtaining reliable value has become a greater challenge Independence Competency/sloppy work Is it fraud?

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Appraisal Independence

Affiliated AMCs Limited panels Loan officer influence on assignment

Technical compliance with AIR, Dodd-Frank, etc. does not guarantee compliance with intent of guidance.

Incompetence vs. Fraud

House #4231 – appraised December 3

House #17702 – appraised Dec 24

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Incompetence vs. Fraud

House #17702 – Comp 7 on appraisal 1 and subject address on appraisal 2

House #17725 – Comp 7 on appraisal 2

Incompetence vs. Fraud

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SF Origination Fraud – Appraisal/Value Issues

Mass Loan Level Misrepresentation

Same broker, multiple loans Employers are fiction Income documents are fabricated Prior years’ taxes re-verify as accurate VOEs used to support are false – increase rationales are false Borrower contributions are predicated on false gift letters

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Affinity Based Cases

Geographic Concentration Borrowers All in Similar Lines of Work Gift letters Rental Same Broker(s) on All Loans Potential Ties to Other Fraud Scams

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Resources

www.freddiemac.com/singlefamily/preventfraud/resources.html • Fraud Mitigation Best Practices • Mortgage Screening Process • Mortgage Fraud Prevention Toolkit • mortgage fraud-related articles www.loanscamalert.org www.fincen.gov/news_room/rp/mortagefraud_suspectedMorgageFraud.html www.stopfraud.gov www.fbi.gov/about-us/investigate/white_collar/mortgage-fraud/mortgage_fraud

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Questions?

Robb Hagberg (703) 903-3785 [email protected]

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Fraud Trends and the GSE’s September 29, 2016

Tom Neighbors Assistant Special Agent in Charge HUD Office of Inspector General

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About HUD OIG We accomplish our mission by: • Conducting independent and objective audits, investigations, and other activities relevant to the HUD mission. • Keeping the Secretary, Congress and the American public fully and currently informed. (Semiannual Report to Congress) • Working collaboratively with HUD staff and program participants to ensure success of HUD program goals.

HUD OIG Offices you may encounter: • Office of Investigations • Office of Audit • Office of Inspections and Evaluations

HUD’s Impact in the Mortgage Market Single Family Multifamily through the FHA • 203(b) Single Family mortgage Mortgage Insurance through the FHA insurance • Mortgage insurance for low income • 234(c) Condo mortgage insurance housing projects • 203(k) Rehab loan mortgage • Mortgage insurance for elderly insurance housing projects • 255 Home Equity Conversion • Nursing Homes / Hospitals through Mortgages the Office of Healthcare Programs

Other Loan Guarantee Programs • Section 184 Indian Home Loan Guarantee • Section 502 Rural Housing Loans

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Differences Between GNMA and the GSEs Ginnie Mae Fannie Mae and Freddie Mac Wholly‐Owned Government Corporation Shareholder‐Owned, Publicly‐Traded Explicit Guaranty to Investors Implicit Guaranty to Lenders and Investors Government Insured Loans (FHA, VA, PIH, RD) Conventional Loans Trade Higher, Low Interest Rate to Borrowers MBS Only MBS and Whole Loan Portfolio Issuer/Servicer Risk Borrower Credit Risk, Interest Rate Risk & Servicer Risk Total Outstanding Portfolio Total Outstanding Portfolio Ginnie Mae –Over $1.7 Trillion Fannie Mae – $3.2 trillion Freddie Mac – $2.0 trillion Approximately 127 Employees Greater than 5,000 employees each

Ginnie Mae’s Impact in the Secondary Market

In Fiscal Year 2015:

• 39% market share of the secondary mortgage market • Virtually all of the government mortgage market • Issued more than $432 billion in new RMBS • Pass through to investors exceeded $405 billion

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Fraud Trends in HUD’s Primary Market Space

Fraud in Multi-Family market is still high: • 28% of FHA mortgage fraud investigations initiated in FY2015 involved MF properties (up from 23% in FY 2014) • 40% of MF-related criminal investigations initiated in FY 2015 involved embezzling, bribery or equity skimming by MF property owners/managers

Fraud in Single Family market is in the origination phase: • Appraisal frauds still prevalent, and becoming sophisticated • Rising home prices are reducing fraud-related losses and masking the problem (again) • Home Equity Conversion Mortgages (“Reverse Mortgages”) continue to be an attractive vehicle for mortgage fraud

Fraud Trends in HUD’s Primary Market Space (continued)

The old tricks are back in style…. • False employment and earnings documents • Reports of identity theft continue to rise

And some new tricks as well… • Misuse of appraiser credentials / appraiser identity theft • Related-party AMCs • Home Equity Conversion Mortgages used in builder bailout schemes • Reverse Mortgage originations being “churned” and refinanced with little or no realized benefit to borrower

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Fraud Trends in HUD’s Secondary Market Space

HUD OIG continues to identify servicing-related schemes

As discussed at the MBA Risk Management, QA & Fraud Prevention Forum in 2015, HUD OIG will continue to focus on GNMA servicing schemes and small issuer/servicers

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Fraud Trends in HUD’s Secondary Market Space (continued) Prepayment speeds on loans in GNMA pools 13% higher than the rest of the market

At the same time, issuance of GNMAs at an all-time high, surpassing FHLMC in FY 2015 Profitability of Ginnie Mae RMBS issuance may be driving fraudulent activity. • Improper servicing to remove loans from pools • HECM refinance activity

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Fraud Trends in HUD’s Secondary Market Space (continued)

High rate of GNMA prepayments presents risk of undermining consumer confidence.

HUD OIG will continue to investigate the causal factors to identify criminal activity.

Questions?

To report fraud, contact the HUD OIG Hotline at 1(800) 347-3735 Or [email protected]

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